/ BREATHING ROOM
TERMS AND CONDITIONS OF USE
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Fokus Breathing Room Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Fokus Breathing Room Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Fokus Breathing Room Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Fokus Breathing Room Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Fokus Breathing Room Ltd.
Prohibited use
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to other websites
9. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Fokus Breathing Room Ltd or that of our affiliates.
10. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
11. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy
12. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: https://www.spacetofokus.com/privacy-policy.
Availability of the Website and disclaimers
13. Any online facilities, tools, services or information that Fokus Breathing Room Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Fokus Breathing Room Ltd is under no obligation to update information on the Website.
14. Whilst Fokus Breathing Room Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
15. Fokus Breathing Room Ltd accepts no liability for any disruption or non-availability of the Website.
16. Fokus Breathing Room Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
17. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
18. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
19. To the maximum extent permitted by law, Fokus Breathing Room Ltd accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
General
20. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
21. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
22. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
23. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
24. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
25. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
26. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Fokus Breathing Room Ltd details
27. Fokus Breathing Room Ltd is a company incorporated in England and Wales with registered number 12963507 whose registered address is Sheridan&Co, Riverside, Market Harborough, Leicestershire, LE16 7PT and it operates the Website https://www.spacetofokus.com/.
You can contact Fokus Breathing Room Ltd by email on hellp@spacetofokus.com/.
Attribution
28. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
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Terms and Conditions of Sale
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Fokus Breathing Room Ltd
DEFINITIONS
The “Company” is Fokus Breathing Room Ltd.
The “Customer” is the person, firm or company who purchases the product or services from the Company.
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APPLICATION OF THESE TERMS AND CONDITIONS
1.1. It is considered that any customer entering into an agreement with Fokus Breathing Room Ltd is in acceptance of these terms and conditions. The customer is responsible for obtaining a copy of these terms and conditions for their reference.
1.2. Fokus Breathing Room Ltd reserves the right to amend these terms and conditions at any time.
1.3. No variations of these terms and conditions shall be of any effect unless agreed by the Company in writing.
1.4. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
1.5. The contract shall in all respects be construed and operated as an English contract governed by English law and any dispute arising out of, or in connection herewith, shall be referred to the English courts.
1.6. Terms are not negotiable retrospectively.
2. OUR PRODUCTS
2.1 The company website, brochure and any elevation drawings serve as a guide only and do not form part of any contract.
2.2. The company make every effort to be as accurate as possible however precise measurements indicated on our website, in our brochures and on any order documentation are subject to reasonable levels of tolerance.
2.3. The company reserves the right to alter specifications without prior notice. Changes to product specification are rare and reasons for doing so may include, but are not limited to, improving general quality or efficiency of the product, because the material is no longer available to the company or for drastic changes in material costs. The company will always endeavour to inform the customer when any significant specifications are to be amended.
3. PRICING
3.1. All prices stated on the company’s website and literature exclude VAT at the current rate.
3.2. Once the customer places an order and the deposit is received, a sales confirmation will be issued and the price stated will remain fixed, unless the order is put on hold for longer than 30 days.
4. PAYMENTS
4.1. A 50% deposit is required upon placing the order
4.2. A 40% payment is payable five days prior to manufacturing commencing in the workshop
4.3. The final 10% payment is due strictly on or before the first day of installation
4.4. If additional minor works (i.e. plastering, painting, electrics, trimming) or any remedial action is required after the main installation, a proportionate retention of no more than 5% (reflecting the cost of outstanding work) is agreed between Fokus Breathing Room Ltd and the customer until the outstanding works are completed.
4.5. Any outstanding balance may be paid by bank transfer (copy of transaction required). If paying by cheque, it must be handed to the install team on the day of completion (cheques must be made payable to Fokus Garden Rooms Ltd. All goods remain the property of the company until the final balance is paid for in full.
5. CANCELLATIONS
5.1. As all Products designed and manufactured by Fokus Garden Room Ltd are made-to-order, and to customer specifications, they are exempt from cancellation rights.
5.2. If the customer cancels an order once the initial deposit has been paid, no refund will be given. The customer accepts that the balance of the deposit is non-refundable as once this payment has been made to the company the order is put into full production.
5.3. If the customer cancels an order once the production has commenced they will forfeit the total sales price in full unless an alternative agreement has been confirmed between the customer and Fokus Garden Rooms Ltd.
5.4. A breach of terms will automatically invalidate any guarantees or warranty
6. ORDERS ON HOLD
6.1. If a customer is not ready to proceed with an installation date they may place their order ‘on hold’ in which case the holding deposit will remain on account with Fokus Garden Rooms Ltd. Prices will remain fixed for a period of 30 days from the date the order is put on hold, after which any recent price updates will be applied to the order.
7. PLANNING PERMISSION
7.1. Planning consent is not always required however, it is the customer’s responsibility to ensure that planning consent is not required for the installation of the outbuilding. We recommend you seek clarification from your local planning authority. Fokus Breathing Room Ltd will not be held liable for any breach of Permitted Development/Planning regulations applicable to your property.
7.2. If the site is in a Conservation Area we recommend that the customer contacts their local authority to confirm whether or not any Article 4 Directions (restrictions on your Permitted Development rights) have been applied to the property.
7.3. If the customer has been provided with design/CGI or specification drawings and they choose to cancel their order the initial deposit is non-refundable.
7.4. The customer is responsible for ensuring that their building and its location complies with their Planning Approval conditions. Fokus Breathing Room Ltd will not be liable for any changes a customer may make to the design, specification or location of a building once a Planning Application has been submitted or approved.
8. SCHEDULED DATES
8.1. The company will always try to honour the estimated delivery/installation date, 98% of our buildings are delivered and installed within the estimated time. However, we cannot guarantee the installation date and cannot be held responsible for postponement or delay outside of our control, this may include but is not limited to extreme weather conditions, access difficulties, parking, traffic, delays by customers third party contractors.
8.2. The company cannot be held liable for any loss, damages, charges or expenses incurred by the customer as the direct or indirect result of any delay in the delivery, installation or completion of an order. The company will not be held financially liable for return visits that may be required for any rectification works to the building.
8.3. Any time frames given to the customer to suggest the duration of an installation are an estimate only and do not form part of any contract. The company will not guarantee to complete the installation of a building by any specified date or time.
8.4. If the customer postpones/delays the installation of the base or building for any reason after payment of the 50% deposit has been made, the following penalties will be immediately incurred;
8.4.i. Within 35-15 days of the scheduled base installation date: 25% of the total sales price;
8.4.ii. Within 14 days of the scheduled base installation date: 40% of the total sales price;
8.4.iii. Any time after the base has been laid: 50% of the total sales price.
8.5. For any works booked in for optional upgrades, including but not limited to electrical connections, air conditioning installations, blind installations, plastering, painting, the full charges will still apply if the customer cancels such work any time after the date(s) have been confirmed with the customer.
9. WORK ON SITE
9.1. The customer is responsible for preparing the site as per the written notes on their Sales Order and any discussion that takes place with the Site Surveyor at the time of sale.
9.2. The customer is responsible for providing all necessary parking permits, access and permissions in advance of the base and building installation dates. Access to electricity and water is required on site.
9.3. In accordance with the Site Preparation Notes all sites/bases must be level with correct drainage in place, a clearance of no less than 400mm is required in addition to the external dimensions of the building to allow construction.
9.4. Failure to complete the necessary preparations may result in a delay or, in certain circumstances, cancellation of the installation schedule. A minimum charge of £1,000 per day will be incurred if the customer has not carried out the necessary preparations as per clauses 9.1, 9.2 and 9.3.
9.5. The company will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement.
9.6. Whilst every care is taken to avoid any damage to the Customer’s property, Fokus Breathing Room Ltd cannot be held liable for unavoidable damage caused by the installation teams. The Customer accepts that some damage may be unavoidable, especially to access routes and the surrounding working areas.
9.7. We strongly recommend that garden landscaping is completed after the building has been installed to avoid any incidental damage.
9.8. The company will install materials, fittings or appliances supplied by the customer on a good will basis only. The company will not be held liable for any damage to such items. No additional items will be fitted/installed unless agreed in writing on the Sales Order prior to the team visiting site.
9.9. The company reserves the right to withdraw its employees or designated contractors from site where they deem the working conditions to be unsafe in accordance with current Health and Safety Regulations. In such cases the company will discuss any necessary changes to the working environment/conditions with the customer which must be carried out before works can continue.
9.10. All installation personnel have been trained and briefed on safe working practices including use of PPE (Personal Protective Equipment) in accordance with current Health and Safety regulations. If a full Risk Assessment and/or Method Statement are required by a customer 6 weeks’ notice must be given and charges may apply based on the level of compliance required.
9.11. Fokus Breathing Room Ltd are covered by liability insurance up to £10million. Full details are available on request.
9.12. The site survey completed at the time of sale is a visual inspection only and the company cannot be held liable should any underground obstruction be discovered on commencement of works.
9.13. The company reserves the right to cancel or postpone any works should unforeseen circumstances arise that affect the company’s ability to fulfil an order. In the event that the company cancel the total installation of an order a full refund will be given to the customer, unless it is found that such unforeseen circumstances have been directly caused by the customer.
9.14. Unless otherwise agreed, Fokus Breathing Rooms Ltd will not be responsible for the quality of work or project managing third party contractors employed directly by the customer.
9.15. Any additional work briefed directly to a contractor on-site and not through the Fokus Head Office Management Team will be regarded as non-contractual nor will Fokus Breathing Rooms Ltd accept any liability for the works.
10. BASES
10.1. The customer must be present on the base date and is responsible for confirming the location of the base prior to construction. Once this position has been confirmed and base constructed the position cannot be changed. The customer should consider any areas surrounding the building that may be obstructed or restrict access to openings on or around the garden room.
10.2. No apertures or fittings for services not supplied by Fokus Breathing Room will be made unless agreed and confirmed in writing on your Sales Order.
10.3. If an existing base has been used e.g. concrete slab, Fokus Garden Room Ltd cannot be held liable for subsidence or settlement issues.
10.4. Spoils created by the base team will not be removed from site unless agreed in writing prior to the works commencing.
10.5. The Company will not be held liable for any issues with regards to the height of the building if the customer has not levelled the site/ground in accordance with the Site Preparation Notes.
11. ELECTRICAL WORKS
11.1. A Part P certificate will only be supplied where Fokus Breathing Room Ltd completes a full external connection of power and will only be supplied to the customer once the final balance has been paid in full. The certificate can take up to 21 days to process. Where a full connection has not been made, readings are available on request. It is the responsibility of the certified electrician completing the full connection to certify the electrical works.
11.2. Every effort is made to provide an accurate quotation for electrical works, however the inspection of the customer’s own armored cable and consumer unit is only visual and is based on the assumption that the customer’s electrics comply with current building regulations. It is the customer’s responsibility to ensure that the cable is fit for purpose. Quotes given at the point of sale are estimates only and do not act as confirmation of the cable being suitable. Fokus Garden Room Ltd cannot be held liable should the cable prove to be unsuitable or inadequate.
11.3. Fokus Breathing Room Ltd reserves the right to refuse to complete electrical work or to apply additional charges where a connection is not possible with the current power source/consumer unit. The customer will be informed and quoted prior to any necessary additional works being carried out.
11.4. Where Fokus Breathing Room Ltd are to complete a connection of an existing cable or of a cable to be supplied by the customer, it is the customer’s responsibility to run the cable from the main fuse board in the house to the garden room site. The customer must ensure that there is an excess of at least 10 metres of cable reaching the site. Unless otherwise stated on the customer’s Sales Order, Fokus Breathing Room will not complete any of the works to run the cable, this includes clipping the cable to any boundary/wall/fence. Should the customer request that such work is completed additional charges will apply.
11.5. The company reserves the right to make any changes to electrical product specification or services they deem necessary to ensure safety compliance. The customer will be made aware of any such requirements and cost implications before the relevant works are carried out.
11.6. Armoured electrical and Ethernet cables are always run on the outside of the garden building, no armoured cable will be run in the wall cavity.
11.7. No additional electrical work will be carried out by the company or designated sub-contractors unless agreed in writing on the Sales Order prior to the team visiting site.
11.8. Fokus Garden Room Ltd makes no guarantee as to the suitability of any WiFi powerline adapter. The liability of the Company for any Internet or Communications device or service will be limited to the value of that specific item only, as outlined on the Customer’s Invoice.
12. YOURGUARANTEE
12.1. Fokus Breathing Room Ltd buildings are covered by a comprehensive transferable guarantee, which is activated once the full and final invoice balance has been paid in full.
Fokus Garden Room Ltd have negotiated comprehensive guarantees from its third-party suppliers. The terms of your guarantee are outlined as follows and supported by warranty certificates provided by all suppliers as applicable:
10 years:
Design and manufacturing faults to the structure of the building (including rot and corrosion)
3 years:
Internal misting in double glazing
Door and window hinges and locks
1 year:
External decking (rot, corrosion and structural faults)
External fascias
Internal linings and trim, floor covering, internal accessories, blinds
Electrical installations and appliances, including underfloor heating and air conditioning units Electrical and network connections
Fokus Breathing Room Ltd undertake to administer the guarantees for the first 12 months. Upon full and final payment, the customer will receive a pack containing copies of the guarantees for each supplier as applicable.
12.2. Buildings constructed by Fokus Breathing Room Ltd under ‘Permitted Development’ should not be used for habitable accommodation. If used for habitable accommodation the guarantee is invalid. Guarantee excludes normal ‘wear and tear’ and decorated surfaces.
12.3. No guarantee will be made by Fokus Breathing Room Ltd against the effects of weather exposure on the colour of the external cladding. Timber will naturally fade and silver over time, it is recommended that that any timber on the Fokus Breathing Room Ltd is treated by the customer within 1 month of installation and every 6 months thereafter to preserve its original colour.
12.4. Door adjustments are not covered under guarantee and may be necessary from time to time. Adjustments can be easily carried out by the customer – please call the Customer Care office for advice.
12.5. Warping of timber fascia boards is not covered under guarantee; timber is a natural product and warping may occur.
12.6. Superficial cracking of timber cladding and/or fascia boards is not covered under guarantee.
12.7. Fokus Garden Room Ltd guarantee glass on windows and doors is an accordance with the Manufacturers guarantee and warranty. Copy available on request
12.8. Where underfloor heating has been installed the customer must ensure that all furniture is raised on legs, the use of flat- base furniture will invalidate your guarantee
12.9. Guarantee claims should be made to the main office on discovery of the fault. Failure to report a fault immediately may invalidate your guarantee. Once agreed, a maintenance team will be dispatched to remedy the issues free of any charge. Fokus Breathing Room Ltd will not reimburse payments made to third party repair contractors without prior written consent.
12.10. If the customer is deemed to be responsible for any faults to the building, all costs associated with remedial works will be charged to the customer.
12.11. No guarantee will be made for materials, appliances or services supplied by the customer to be installed by Fokus Breathing Room Ltd. Such items are installed on a good will basis only.
12.12. The Company’s liability shall not exceed the total purchase value of the of the Product and the taking of the steps it deems necessary to rectify any issues shall constitute an entire discharge of the Company’s liability under this warranty.
12.13. The Company shall not be deemed liable for subsidence to the garden room or of the surrounding installation site unless such subsidence is caused by the negligence of the Company during installation.
12.14. Any alteration made to the building by the customer or a third party employed by the customer will invalidate your guarantee and as such any related remedial works will be chargeable as per clause 12.9.
12.15. The Customer must ensure that adequate ventilation and drainage is in place around all sides of the building. Blocking in the sides of the building with paving or other landscaping material may result in excessive moisture retention either to the walls or to the base system. Blocking in the sides of the building will invalidate the guarantee.
13. PLASTERED BUILDINGS
13.1. Fokus Breathing Room Ltd adheres to NHBC guidelines on internal finishes, including plastering, skirting and floor finishes. Please contact the Company to obtain a copy of these guidelines. Plaster cracking over 2mm wide is covered under your guarantee for a period of 1-year.
13.2. It is the responsibility of the customer to ensure that the building is well ventilated during the plaster drying process. The company will not be liable for any cracking or moisture retention caused by lack of ventilation during the drying process.
13.3. Fokus Breathing Room Ltd makes no claim of any building being completely soundproof.
14. VENTILATION
14.1. We strongly advise that all buildings are fitted with at least one opening window for ventilation purposes. UPVC doors are fitted with trickle vents and opening windows feature a vent lock system. Aluminium Bifolding doors are not fitted with trickle vents.
14.2. If the building is being used as a gym or exercise room it is important to maintain good ventilation. We recommend heating and ventilating your building before use and during use to avoid condensation on equipment.
15. GROUND, GUTTER AND ROOF MAINTENANCE
15.1. Fokus Garden Room Ltd products require zero maintenance however, it is the customer’s responsibility to ensure areas around the building are kept clear. An air gap under the sides and rear of the building must be maintained and clear of obstacles to ensure vegetation and weeds do not make contact with the building and lead to possible intrusion within the building. This will also ensure that no moisture cannot be trapped underneath the building.
15.2. Gutters and roofs should be inspected and cleared of all debris a minimum of twice a year.
15.3. As with any external building, failure to clear gutters and keep air gaps maintained may result in damage to the fabric of the building which will invalidate your guarantee.
15.4. If remedial work is carried out and the defect is found to be a result of the customer failing to maintain a clear area around the building the work will be chargeable to the customer (as per clause 12.9).
16. LIABILITY
16.1. Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of the Company for death or personal injury as a result of the Company’s negligence or that of its employees or agents.
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